A. The governing body of any county, city, or
town may provide by ordinance for the establishment of a traffic signal
enforcement program imposing monetary liability on the operator of a motor
vehicle for failure to comply with traffic light signals in such locality in
accordance with the provisions of this section. Each such locality may install
and operate traffic light signal photo-monitoring systems at no more than one
intersection for every 10,000 residents within each county, city, or town at any
one time, provided, however, that within planning District 8, each such locality
may install and operate traffic light signal photo-monitoring systems at no more
than 10 intersections, or at no more than one intersection for every 10,000
residents within each county, city, or town, whichever is greater, at any one
time.

B. The operator of a vehicle shall be liable
for a monetary penalty imposed pursuant to this section if such vehicle is
found, as evidenced by information obtained from a traffic light signal
violation monitoring system, to have failed to comply with a traffic light
signal within such locality.

C. Proof of a violation of this section shall
be evidenced by information obtained from a traffic light signal violation
monitoring system authorized pursuant to this section. A certificate, sworn to
or affirmed by a law-enforcement officer employed by a locality authorized to
impose penalties pursuant to this section, or a facsimile thereof, based upon
inspection of photographs, microphotographs, videotape, or other recorded images
produced by a traffic light signal violation monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape, or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to adjudicate the
liability for such violation pursuant to an ordinance adopted pursuant to this
section.

D. In the prosecution for a violation of any
local ordinance adopted as provided in this section, prima facie evidence that
the vehicle described in the summons issued pursuant to this section was
operated in violation of such ordinance, together with proof that the defendant
was at the time of such violation the owner, lessee, or renter of the vehicle,
shall constitute in evidence a rebuttable presumption that such owner, lessee,
or renter of the vehicle was the person who committed the violation. Such
presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i)
files an affidavit by regular mail with the clerk of the general district court
that he was not the operator of the vehicle at the time of the alleged violation
or (ii) testifies in open court under oath that he was not the operator of the
vehicle at the time of the alleged violation. Such presumption shall also be
rebutted if a certified copy of a police report, showing that the vehicle had
been reported to the police as stolen prior to the time of the alleged violation
of this section, is presented, prior to the return date established on the
summons issued pursuant to this section, to the court adjudicating the alleged
violation.

E. For purposes of this section, "owner"
means the registered owner of such vehicle on record with the Department of
Motor Vehicles. For purposes of this section, "traffic light signal violation
monitoring system" means a vehicle sensor installed to work in conjunction with
a traffic light that automatically produces two or more photographs, two or more
microphotographs, video, or other recorded images of each vehicle at the time it
is used or operated in violation of §
46.2-833,
46.2-835, or
46.2-836. For each such vehicle, at least one recorded image shall be of the
vehicle before it has illegally entered the intersection, and at least one
recorded image shall be of the same vehicle after it has illegally entered that
intersection.

F. Imposition of a penalty pursuant to this
section shall not be deemed a conviction as an operator and shall not be made
part of the operating record of the person upon whom such liability is imposed,
nor shall it be used for insurance purposes in the provision of motor vehicle
insurance coverage. No monetary penalty imposed under this section shall exceed
$50, nor shall it include court costs.

G. A summons for a violation of this section
may be executed pursuant to §
19.2-76.2. Notwithstanding the provisions of §
19.2-76, a summons for a violation of this section may be executed by
mailing by first class mail a copy thereof to the owner, lessee, or renter of
the vehicle. In the case of a vehicle owner, the copy shall be mailed to the
address contained in the records of the Department of Motor Vehicles; in the
case of a vehicle lessee or renter, the copy shall be mailed to the address
contained in the records of the lessor or renter. Every such mailing shall
include, in addition to the summons, a notice of (i) the summoned person's
ability to rebut the presumption that he was the operator of the vehicle at the
time of the alleged violation through the filing of an affidavit as provided in
subsection D and (ii) instructions for filing such affidavit, including the
address to which the affidavit is to be sent. If the summoned person fails to
appear on the date of return set out in the summons mailed pursuant to this
section, the summons shall be executed in the manner set out in §
19.2-76.3. No proceedings for contempt or arrest of a person summoned by
mailing shall be instituted for failure to appear on the return date of the
summons. Any summons executed for a violation of this section shall provide to
the person summoned at least 60 business days from the mailing of the summons to
inspect information collected by a traffic light signal violation monitoring
system in connection with the violation.

H. Information collected by a traffic light
signal violation monitoring system installed and operated pursuant to subsection
A shall be limited exclusively to that information that is necessary for the
enforcement of traffic light violations. On behalf of a locality, a private
entity may not obtain records regarding the registered owners of vehicles that
fail to comply with traffic light signals. Notwithstanding any other provision
of law, all photographs, microphotographs, electronic images, or other personal
information collected by a traffic light signal violation monitoring system
shall be used exclusively for enforcing traffic light violations and shall not (i)
be open to the public; (ii) be sold or used for sales, solicitation, or
marketing purposes; (iii) be disclosed to any other entity except as may be
necessary for the enforcement of a traffic light violation or to a vehicle owner
or operator as part of a challenge to the violation; or (iv) be used in a court
in a pending action or proceeding unless the action or proceeding relates to a
violation of §
46.2-833,
46.2-835, or
46.2-836 or requested upon order from a court of competent jurisdiction.
Information collected under this section pertaining to a specific violation
shall be purged and not retained later than 60 days after the collection of any
civil penalties. If a locality does not execute a summons for a violation of
this section within 10 business days, all information collected pertaining to
that suspected violation shall be purged within two business days. Any locality
operating a traffic light signal violation monitoring system shall annually
certify compliance with this section and make all records pertaining to such
system available for inspection and audit by the Commonwealth Transportation
Commissioner or the Commissioner of the Department of Motor Vehicles or his
designee. Any person who discloses personal information in violation of the
provisions of this subsection shall be subject to a civil penalty of $1,000.

I. A private entity may enter into an
agreement with a locality to be compensated for providing the traffic light
signal violation monitoring system or equipment, and all related support
services, to include consulting, operations and administration. However, only a
law-enforcement officer employed by a locality may swear to or affirm the
certificate required by subsection C. No locality shall enter into an agreement
for compensation based on the number of violations or monetary penalties
imposed.

J. When selecting potential intersections for
a traffic light signal violation monitoring system, a locality shall consider
factors such as (i) the accident rate for the intersection, (ii) the rate of red
light violations occurring at the intersection (number of violations per number
of vehicles), (iii) the difficulty experienced by law-enforcement officers in
patrol cars or on foot in apprehending violators, and (iv) the ability of
law-enforcement officers to apprehend violators safely within a reasonable
distance from the violation. Localities may consider the risk to pedestrians as
a factor, if applicable. A locality shall submit a list of intersections to the
Virginia Department of Transportation for final approval.

K. Before the implementation of a traffic
light signal violation monitoring system at an intersection, the locality shall
complete an engineering safety analysis that addresses signal timing and other
location-specific safety features. The length of the yellow phase shall be
established based on the recommended methodology of the Institute of
Transportation Engineers. All traffic light signal violation monitoring systems
shall provide a minimum 0.5-second grace period between the time the signal
turns red and the time the first violation is recorded. If recommended by the
engineering safety analysis, the locality shall make reasonable
location-specific safety improvements, including signs and pavement markings.

L. Any locality that uses a traffic light
signal violation monitoring system shall evaluate the system on a monthly basis
to ensure all cameras and traffic signals are functioning properly. Evaluation
results shall be made available to the public.

M. Any locality that uses a traffic light
signal violation monitoring system to enforce traffic light signals shall place
conspicuous signs within 500 feet of the intersection approach at which a
traffic light signal violation monitoring system is used. There shall be a
rebuttable presumption that such signs were in place at the time of the
commission of the traffic light signal violation.

N. Prior to or coincident with the
implementation or expansion of a traffic light signal violation monitoring
system, a locality shall conduct a public awareness program, advising the public
that the locality is implementing or expanding a traffic light signal violation
monitoring system.